Relationship violence (dating violence/domestic violence), sexual misconduct (sexual assault, sexual exploitation, and sexual or gender-based harassment), and stalking are collectively referred to as “Prohibited Conduct.” Through the Relationship Violence, Sexual Misconduct and Stalking Policy and supporting procedures, Northern Michigan University (“NMU”) addresses Prohibited Conduct pursuant to its obligations under state and federal law.
Relationship Violence
Relationship Violence, also referred to as dating violence, domestic violence, or intimate partner violence, is any act (or threatened act) of violence or pattern of abusive behavior that one person uses against a current or former partner in a sexual, dating, spousal, domestic, or intimate relationship, to gain or maintain power and control over another. Relationship violence may include any form of prohibited sexual misconduct under this Policy.
The determination of whether any conduct constitutes relationship violence is whether the conduct is so severe, pervasive or persistent as to significantly interfere with an individual’s ability to learn and/or work or cause substantial emotional distress, when judged both objectively (meaning that a “reasonable person” would find the behavior to be emotionally abusive) and subjectively (meaning the impacted individual felt the behavior was emotionally abusive.)
Dating Violence
Dating Violence is:
- committed by a Respondent,
- Who is in or has been in a social relationship of a romantic or intimate nature with the Complainant; and
- Where the existence of such a relationship shall be determined based on a consideration of the following factors:
- Length of the relationship
- Type of relationship
- Frequency of the interaction between the Parties involved in the relationship.
Domestic Violence and Intimate Partner Violence
Domestic Violence and Intimate Partner Violence is:
- A felony or misdemeanor crime committed by a person who:
- Is a current or former spouse or intimate partner of the Complainant under the family or domestic violence laws of the State of Michigan or a person similarly situated to a spouse of the Complainant;
- Is cohabitating with, or has cohabitated with, the Complainant as a spouse or intimate partner;
- Shares a child in common with the Complainant; or
- Commits acts against a youth or adult Complainant who is protected from those acts under the family or domestic violence laws of the State of Michigan.
Sexual Assault
Any sexual act, including Rape, Sodomy, Sexual Assault with an Object, or Fondling directed against another person, without the consent of the victim, including instances where the victim is incapable of giving consent; also, unlawful sexual intercourse.
- Rape:
- Penetration, without the consent of the Complainant, including instances where the Complainant is incapable of giving consent
- because of their age or
- because of their temporary or permanent mental or physical incapacity
- Sodomy:
- Oral or anal penetration of the Complainant by the Respondent without the consent of the Complainant,
- including instances where the Complainant is incapable of giving consent
- because of their age or
- because of their temporary or permanent mental or physical incapacity
- Sexual Assault with an Object:
- Respondent’s use of an object or instrument to unlawfully penetrate, however slightly, the genital or anal opening of the body of the Complainant, without the consent of the Complainant, including instances where the Complainant is incapable of giving consent
- because of their age or
- because of their temporary or permanent mental or physical incapacity
- Respondent’s use of an object or instrument to unlawfully penetrate, however slightly, the genital or anal opening of the body of the Complainant, without the consent of the Complainant, including instances where the Complainant is incapable of giving consent
- Fondling:
- touching of the private body parts (breasts, buttocks, groin, or inner thigh) of the Complainant by the Respondent
- causing the Complainant to touch the Respondent’s private body parts
- intentionally for a sexual purpose
- without the consent of the Complainant, including instances where Complainant is incapable of giving consent
- because of their age or
- because of their temporary or permanent mental incapacity or physical incapacity.
- Incest:
- Non-forcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by Michigan State law
- Statutory Rape:
- Non-forcible sexual intercourse with a person who is under the statutory age of consent, which is 16 in Michigan.
Sexual Exploitation
Sexual exploitation is any act where one person takes sexual advantage without consent of another person but does not involve actual or attempted physical contact. Sexual exploitation may include but is not limited to:
- Sexual voyeurism (such as observing or allowing others to observe a person undressing or using the bathroom or engaging in sexual acts, without the consent of the person being observed)
- Invasion of sexual privacy (e.g., doxxing)
- Knowingly making an unwelcome disclosure of (or threatening to disclose) an individual's sexual orientation, gender identity, or gender expression
- Taking pictures, video, or audio recording of another in a sexual act, or in any other sexually related activity when there is a reasonable expectation of privacy during the activity, without the consent of all involved in the activity; or exceeding the boundaries of consent (such as allowing another person to hide in a closet and observe sexual activity, or disseminating sexual pictures without the photographed person’s consent), including the making or posting of non-consensual pornography
- Prostituting another person
- Engaging in sexual activity with another person while knowingly infected with human immunodeficiency virus (HIV) or a sexually transmitted disease (STD) or infection (STI), without informing the other person of the virus, disease, or infection
- Causing or attempting to cause the incapacitation of another person (through alcohol, drugs, or any other means) for the purpose of compromising that person’s ability to give consent to sexual activity, or for the purpose of making that person vulnerable to non-consensual sexual activity
- Misappropriation of another person’s identity on apps, websites, or other venues designed for dating or sexual connections (e.g., spoofing)
- Forcing a person to take an action against that person’s will by threatening to show, post, or share information, video, audio, or an image that depicts the person’s nudity or sexual activity
- Knowingly soliciting a minor for sexual activity
- Engaging in sex trafficking
- Knowingly creating, possessing, or disseminating child sexual abuse images, videos, or recordings
- Creating or disseminating synthetic media, including images, videos, or audio representations of individuals doing or saying sexually-related things that never happened, or placing identifiable real people in fictitious pornographic or nude situations without their consent (i.e., deep fakes)
Sex-Based Harassment
Sex-based Harassment is a form of sex discrimination and means sexual harassment and other harassment on the basis of sex, including sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity; sexual assault, dating violence, domestic violence, and stalking.
Examples of Sex-Based Harassment
Some examples of prohibited sexual harassment include:
- Deliberate touching which does not contribute to or advance the work, service, or educational activity being conducted.
- Repeated brushing against or touching of another’s body, which does not contribute to or advance the work, service, or educational activity being conducted.
- Pressure or demands for a date or for sexual activity with a subordinate by an individual in authority.
- Repeated requests for a date or for sexual activity.
- Written/electronic, verbal, pictorial, nonverbal, or actual displays of obscenity which do not contribute to or advance the work, service, or education activity being conducted.
Stalking
Stalking is engaging in a course of conduct, that is,
- directed at a specific person that would cause a reasonable person to:
- fear for the person’s safety, or
- the safety of others; or
- suffer substantial emotional distress.